PHUL CHAND Vs. KHWAJA TAHIR HUSAIN

JUDGEMENT

(1.) This is an application by one Phul Chand for being arrayed as respondent in first appeal No. 249 of 1933. The appeal arises out of a suit for sale on a mortgage executed in 1926 by Tahir Husain, appellant, in favour of one Chharang Ram. Chharang Ram died leaving two sons, Phul Chand and Hansraj. Phul Chand, the applicant before us, is a person other than Phul Chand son of Chharang Ram.

(2.) Phul Chand, son of Chharang Ram filed the suit giving rise to the present appeal and he impleaded Tahir Husain and his brother Hansraj as defendants to the suit. He alleged in the plaint that he and Hansraj were entitled to the mortgage debt in equal shares and, that Hansraj was being impleaded as a pro forma defendant.

(3.) During the pendency of the suit in the Court below, Phul Chand, applicant purchased the rights and interest of Hansraj in the mortgage deed in suit and filed an application in the Court below for being added as a defendant to the suit. On 26 February 1930, the Court ordered that the application be granted on payment of Rs. 50 by Phul Chand applicant to Phul Chand plaintiff on account of the costs of the day. By a subsequent order on the same date, the Court further ordered that Phul Chand be made a defendant to the suit on condition of his paying half of the total costs incurred by Phul Chand plaintiff in filing the suit. The Court fixed 12 April 1933 for the payment of half the costs.